Lutz v. Peine

The opinion o£ the court was delivered by

Owsley, J.:

This is a personal injury action. Judgment was entered in favor of defendant on a special verdict of the jury. Plaintiff appeals.

Plaintiff Lutz was lying down across the seat of a parked 1950 Chevrolet pickup truck, asleep, when defendant Peine drove into the rear of the pickup in which the plaintiff was sleeping.

Thurman Carter and the plaintiff owned sheep which were located at a farm near the scene. They drove the pickup from Ottawa, Kansas, to the scene where the collision occurred. Carter parked the pickup headed west “off the roadway…